United States v. Nobriga, 04-10169.
| Decision Date | 03 January 2006 |
| Docket Number | No. 04-10169.,04-10169. |
| Citation | 433 F.3d 1090 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Fred NOBRIGA, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Department of Justice, Washington, DC, for Plaitniff-Appellee.
Deanna S. Dotson, Kapolei, HI, for Defendant-Appellant.
Before WARDLAW and BERZON, Circuit Judges, and FITZGERALD,* District Judge.
The petition for rehearing en banc is DENIED as moot. The opinion filed May 20, 2005, and reported at 408 F.3d 1178, is withdrawn. That opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit.
Submission of this case is withdrawn and resubmission of the case is deferred pending issuance of the opinion of the en banc court in Fernandez-Ruiz v. Gonzales, No. 03-74533.
* The Honorable James M. Fitzgerald, Senior United States District Judge for the District of Alaska, sitting by designation.
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...argument stems from a somewhat puzzling misinterpretation of United States v. Nobria, 408 F.3d 1178 (9th Cir.2005), withdrawn by 433 F.3d 1090 (9th Cir.2006). Nobriga held only that (1) a conviction under the "physically abuse" prong of Hawaii's "Abuse of a Family or Household Member" ("AFH......
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U.S. v. Watkins, CRIM.A. 05-170-JMH.
...However, the Ninth Circuit has withdrawn the opinion in Nobriga pending en banc review of another case. See United States v. Nobriga, 433 F.3d 1090 (9th Cir. 2006). Even if the ruling in Nobriga eventually stands, it would still be outweighed by the holdings of the remaining Courts of 3. In......